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Trademarks in Myanmar

Trademarks in Myanmar

A trademark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or services from those of other entities.

A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. There is also a range of non-conventional trademarks comprising marks which do not fall into these standard categories, such as those based on color, smell, or sound.

Trademarks in Myanmar are designated by the following symbols:

™ (for an unregistered trademark, that is, a mark used to promote or brand goods)

℠ (for an unregistered service mark, that is, a mark used to promote or brand services)

® (for a registered trademark) The owner of a registered trademark may commence legal proceedings against trademark infringement of its mark.

Relevant OfficeMyanmar Trademark Office
            Law in ForceThere is no trade mark law in force in Myanmar. Trademarks are registered in Myanmar Registry Office under Section 18(f) of the Registration Act and Registration Direction 13 by means of declaration which is  a solemn statement of facts made by the trademark owner
Nice ClassificationN/A
Paris ConventionN/A
Madrid ProtocolN/A
Multi – Class DeclarationYes
            Document(s) required for filing a trade mark applicationExecuted Declaration of Ownership Special Power of Attorney (POA)     executed by the applicant (This document must be          duly notarized, authenticated and endorsed by the       Myanmar Embassy/ Myanmar Consul/ Vice Consul/
 Representative of the Government of the Union of Myanmar in some appropriate country for foreign clients.   (The  aforementioned  documents  are to be signed by the same person)
      Prosecution ProcessRegistration  of  Declaration  of Ownership Publication      of     Cautionary Notice in local newspaper

Trademark Searches in Myanmar

An official trademark search cannot be conducted in Myanmar. Prior to filing Declaration of Ownership of Trademark with the Registration of Deeds Office, Yangon, it is advisable to conduct unofficial trademark search before registration of the mark with the Myanmar Registry Office to ascertain the availability of deceptively similar trademarks, existence of prior identical/similar marks on the register etc.

Trademark searches in Myanmar can be classified into following categories:

  1. Word Search
  2. Device Search

Trademark Applications in Myanmar

Filing & Registration Procedure

There is no specific trademark law in Myanmar. However, first draft of Trademarks Law has been issued though it will time for a specific trademark law to enter into force.

  1. Trademark Filing and Registration– A Declaration of Ownership of Trademark can be filed with the Registry of Deeds, Yangon.
  2. Official Examination of a Trademark in Myanmar/ Issuance of Office Action: In the absence of trademark law in Myanmar, a trademark is not officially examined.
  3. Publication / Advertisement of a Trademark: In the absence of a trademark law in Myanmar, there is no provision for publication of a mark in Trademarks Journal.
  4. Opposition of Published Trademark – In the absence of a trademark law in Myanmar, there is no provision for initiating opposition proceedings against a similar trademark.

Filing Commences From January 2020!

In the Myanmar e-Services Implementation and Knowledge Exchange Workshop hosted by World Intellectual Property Organization and the Ministry of Education on October 22, 2019, it was disclosed that:

  • New Intellectual Property Office of Myanmar will be set-up under the Ministry of Commerce of Myanmar.
  • A ‘soft-opening’ period starting from January 2020 will be commenced by the IPO of Myanmar for recognizing existing trademark registrations by allowing these registrations to be re-filed within 6 months since the opening date on a first to file principle. Therefore, during this period, no new trademark will be received for registration.
  • The new system aims at achieving compliance with international standards with publication, examination, registration or rejection etc.
  • The IPO is also planning to simplify the current practice by releasing a standard form for requirements for Power of Attorney, associated fees etc.

Therefore, trademarks that have never been registered in Myanmar can only be filed in the second half of 2020. Thus, a brand owner who has never filed a trademark in Myanmar before but wish to file a mark during the ‘soft-opening’ period instead of waiting till the second half of 2020 can finish all the filings under the current system before the end of 2019 and re-file when the ‘soft-opening’ begins. Also, all the applications filed under the current system will enjoy senior rights over the third party marks and protection under the new law.

Read More : Soft Opening of Trademark Registration in Myanmar Jan 2020

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Myanmar starts Trademark Registration from October 01, 2020

Trademarks in Myanmar FAQs

trademarks-myanmar-faq (4)

Procedure for Trademark Opposition in Myanmar

In the absence of trademark law in Myanmar, there is no procedure for initiating opposition proceedings against similar marks.

For   more   information   on   trademark   opposition    in   Myanmar   please   click   here info@ssrana.com

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Trademark around the Globe

Trademarks in Myanmar

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Trademark Registration Myanmar

The second phase i.e. Grand Opening Period will begin at the end of the initial soft opening period i.e. April 1, 2021, and will see the launch of the new legal framework. Registration under the Grand Opening Period will as per the following stages:

  • Filing of Application with Myanmar Department of Intellectual Property
  • Formal Examination at the Office.
  • Publication in the official journal upon examination.
  • Upon publication, the mark will be open to third party opposition but thus far the opposition period has not been defined by the government
  • In case of opposition is filed, the opposition proceeding then will take place in an IP court
  • The initial and subsequent term of registration would be 10 years from the date of application
  • The renewal request can be filed six (06) months before the expiry of the trademark

Trademark Assignment

 The Trademark Law provides for trademark assignment under Section 42. The provision states that the person for the time being entered in the Register as a proprietor of a trademark shall, subject to the provisions of this Act and to any rights appearing from the Register to be vested in any other person, have the power to assign the trademark and to give effectual receipts for any consideration for such assignment.

For  more  information  on  trademark registration in  Myanmar please  click  here info@ssrana.com

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Trademark around the Globe

Trademarks in Myanmar

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How To Renew A Trademark In Myanmar

Renewing a Trademark in Myanmar:

A trademark under the new law can be renewed in Myanmar from time to time for an unlimited period upon payment of the renewal fees, failing which the mark becomes liable to be removed from the Register on account of non-renewal. Each renewal term is for 10 years.

The procedure for filing for a renewal in Myanmar is as follows: Request to renew a trademark in Myanmar can be filed within 6 months BEFORE THE EXPIRY of the registration/ renewal term if accompanied by the requisite renewal fees on the prescribed form.

Request to renew in Myanmar can be filed within 6 months AFTER THE EXPIRY of the registration/ renewal term if accompanied by the requisite renewal fees on the prescribed form.

For more information on trademark renewal in Myanmar please click here info@ssrana.com

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Trademark around the Globe

Trademarks in Myanmar

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MYANMAR TRADEMARKS ACT

There is no specific trademark law in Myanmar. However, first draft of Trademarks Law has been issued though it will time for a specific trademark law to enter into force.

For   more   information   on   trademark   ordinance    in   Myanmar   please    click   here info@ssrana.com

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